International Union of Electrical, Radio and Machine Workers, Afl-cio, Appellee, v. Westinghouse Electric Corporation, Appellant, 326 F.2d 758 (2d Cir. 1964)

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U.S. Court of Appeals for the Second Circuit - 326 F.2d 758 (2d Cir. 1964) Argued January 6, 1964
Decided January 21, 1964

Appeal from a judgment of the United States District Court for the Southern District of New York, Edward Weinfeld, J., granting plaintiff's motion for summary judgment.

Judgment affirmed.

For former opinion see D.C., 218 F. Supp. 82.

John H. Morse, of Cravath, Swaine & Moore, New York City, for appellant.

Isadore Katz, New York City (Lieberman, Katz & Aronson, New York City, and Benjamin C. Sigal, Washington, D. C., on the brief), for appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.


Westinghouse appeals from an award of summary judgment, directing the company to arbitrate certain grievances arising under a collective bargaining agreement with appellee union. Last term, in Carey v. General Electric Co., 315 F.2d 499 (2d Cir. 1963), we had occasion to emphasize the strong federal policy in favor of industrial arbitration in rejecting arguments virtually indistinguishable from those invoked by Westinghouse in the present case. Accordingly, we affirm the judgment on Judge Weinfeld's opinion below, and upon the authority of our decision in the General Electric case, as well as the Supreme Court's recent holding in Carey v. Westinghouse Electric Corporation, 84 S. Ct. 401.